I Nyoman Putu Budiartha
Universitas Warmadewa, Denpasar-Bali

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Perlindungan Hukum Terhadap Waria dari Perlakuan Diskriminatif Kadek Vegas Ananta Sicaya; I Nyoman Putu Budiartha; Ida Ayu Putu Widiati
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.288-292

Abstract

Human rights laws and policies have been made for a long time but the implementation of policies for shemales seems different from ordinary citizens even though they are still Indonesian citizens and have the same rights as citizens. shemale also deserves to be protected by legal protection from acts of violence, harassment, public anarchy, and discrimination and to be treated like other Indonesian citizens by giving them their human rights. The formulation of the problem in this study is: 1) What is the legal protection for transgender women from discriminatory treatment? 2) What are the government's efforts in providing non-discriminatory legal protection for shemale? The research method used is normative law research with a statutory approach. The results of the study show that shemale in Indonesia are still often subject to discrimination such as ridicule, social discrimination, legal discrimination, insults, physical violence to sexual harassment. Getting legal protection is the right of all citizens. Preventive and repressive legal protection provided by law enforcement officials for all citizens is no exception. In order to provide a sense of security, both mentally and physically from interference and various threats from any party.
Kajian Yuridis Waralaba Dalam Persfektif Hak Kekayaan Intelektual I Kadek Agus Arnawa Pariwesa Putra; I Nyoman Putu Budiartha; Ni Made Puspasutari Ujianti
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.305-310

Abstract

Along with the development of the era of globalization, it also has an impact on the development of business concepts. One of them is the franchise system, which has recently become the center of attention as a form of business development breakthrough. The formulation of the problem is: how is the validity and legal force of the franchise agreement? And how are the legal consequences of franchise agreements related to IPR? The type of research is normative legal research and a statutory and conceptual approach to problems. The validity and legal force of the franchise agreement where the Civil Code adheres to the principle of consensualism, meaning that an agreement must be considered born at the time of reaching an agreement between the two parties. The franchise agreement begins to bind the parties and acts as law for those who make it, starting from the date the parties' agreement is reached and the agreement they make has the same legal force. The legal consequence of a franchise agreement related to IPR is the signing of a franchise agreement that has regulated IPR in it, the franchisor is obliged to give exclusive rights to the franchisee, and the franchisee can use the name and management system of the franchisor in a location, for an agreed period of time. The franchisor is obliged to maintain the benefits of the intellectual property rights and pay fees to the franchisor for the benefits of the intellectual property rights used. In the event that one of the parties in the agreement does not implement it, the other party in the agreement has the right to impose its implementation through the applicable legal mechanisms and channels. And if the consumer is not satisfied with the results, they can file a complaint with the franchisor.
Tinjauan Yuridis Proses Perekrutan Dan Pemilihan Calon Anggota Komisioner Komisi Pemberantasan Tindak Pidana Korupsi (KPK) I Nyoman Yudhi Astika; I Nyoman Putu Budiartha; I Made Minggu Widyantara
Jurnal Analogi Hukum Vol. 4 No. 3 (2022): Jurnal Analogi Hukum
Publisher : Fakultas Hukum Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/ah.4.3.2022.322-327

Abstract

KPK commissioners are appointed through a recruitment process involving the executive (President) and the legislature (DPR). The mechanism for selecting KPK candidates tends to be political. Furthermore, the following issues will be discussed: (1) how is the recruitment system for KPK members, (2) how is the selection process for the leadership of the corruption eradication commission (KPK) according to Law Number 19 of 2019 concerning the Corruption Eradication Commission. The type of research used in the thesis is normative research. The sources of legal materials used are Primary Legal Materials, Secondary Legal Materials, Tertiary Legal Materials. Techniques for obtaining legal materials used are document studies, literature studies, internet studies. Analysis of legal materials used is descriptive data analysis method. And the conclusion of the thesis is the Corruption Eradication Commission Member Recruitment System In the Corruption Eradication Commission Law, the appointment of KPK commissioners goes through several stages of the recruitment process which is carried out with a technical selection approach. The level of selection of the commissioners of the Corruption Eradication Commission based on the NRI Law No. 19/2019 regarding the Corruption Eradication Commission.